Battery

Dan Koukol is a criminal defense lawyer successfully defending battery cases in Placer County, including Roseville, Granite Bay, Auburn, Lincoln, Loomis, and surrounding areas, for more than 25 years.

If you are charged with battery, you need an attorney who:

Understands the intricacies of the battery charges you are facing.

Is familiar with the alternatives to a conviction.

Is often able to obtain outcomes involving community service or successful completion of a batterer's program instead of jail.

Understands how to structure outcomes so you can clean up your record.

I have represented hundreds of clients and my experience as a criminal defense attorney handling battery cases in Placer County, Roseville, Granite Bay, Auburn, Lincoln, Rocklin, and Loomis for more than 25 years allows me to get to the best outcome possible in your case.

If you are facing battery charges, call me at (530) 823-5400 to set up a free consultation.

Charge

Description

Severity

Sentence Range With Probation

Sentence Range Without Probation

Penal 242

Battery

Misdemeanor

0 to 180 days

0 to 180 days

Penal 243(b)

Battery of police

Misdemeanor

0 to 365 days

0 to 365 days

Penal 243(c)(1)

Battery of police causing injury

Felony

0 to 365 days

16m, 2y, or 3y

Penal 243(d)

Battery causing serious injury

Felony

0 to 365 days

2y, 3y, or 4y

Penal 243(d)

Battery causing serious injury

Misdemeanor

0 to 365 days

0 to 365 days

Penal 243(e)

Battery or spouse or cohabitant

Misdemeanor

0 to 365 days

0 to 365 days

Penal 243.2

Battery at school or park

Misdemeanor

0 to 365 days

0 to 365 days

Background

You commit battery when you intentionally and unlawfully use force against another person. Even the smallest touch can trigger a battery charge if it is done in an angry or offensive manner.

There are many different varieties of this offense. One of the lowest level batteries is referred to as simply “battery” and is a misdemeanor that carries a maximum jail term of six months.

Some battery charges are based upon the victim, such as battery of an officer or emergency personnel, battery of a spouse, or battery of a school officer or sports official. Some charges are based on the existence of injuries caused by the battery, such as battery causing serious bodily injuries, or other circumstances of the battery, such as sexual battery.

Some forms of battery are considered wobblers (meaning they can be charged either a felony or a misdemeanor depending on the circumstances of the crime and your criminal record) and are not a strike.

It is important to understand that a misdemeanor conviction for battery results in a 10-year prohibition from possessing a firearm. A felony conviction results in a lifetime firearm possession prohibition, though in some cases the lifetime ban can be reduced to the 10-year ban.

A note about battery and assault: Many people believe assault and battery are the same thing. But battery must result in an offensive touching, where assault does not require any actual bodily contact.

Burden of proof

To prove you are guilty of this crime, the prosecution must prove that:

You willfully and unlawfully touched the victim in a harmful or offensive manner.

You did not act in self-defense or in defense of someone else or while reasonably disciplining a child.

Legal Defenses

Although the specific legal defenses that apply to your case will vary, several defenses are common to battery charges. Some of these include (but are not limited to):

You were acting in self-defense or the defense of someone else.

It was consented (as in a contact sport or actors in a fight scene).

It was an accident.

Negotiated Settlements

If you decide you cannot successfully defend against the charge, and you need to enter an admission to settle your case, you will want to:

Carefully negotiate the offense you admit to.

Negotiate to avoid jail.

Make arrangements, in advance, to clean up your criminal record as soon as possible.

If you are facing battery or other charges, I can help. Call me at (530) 823-5400 to set up a free consultation.

We serve clients throughout California including those in the following localities: Placer County including Roseville, Auburn, Granite Bay, Lincoln, North Auburn, and Rocklin; Nevada County including Nevada City; El Dorado County including Placerville; Sutter County including Yuba City; Yuba County including Marysville; and Sacramento County including Sacramento.